Off to the Races
After a historically slow start to the session, the legislature came alive this week with a jam-packed hearing calendar and a rush of bill introductions. Along with our amazing Day at the Legislature on Wednesday, LeadingAge Kansas testified at five different committee hearings with at least four more set for next week. Keep reading for all the details.
LeadingAge Kansas Day at the Legislature a Big Success
On Wednesday we hosted a fantastic group for our first in-person legislative day in many years. On top of important meetings with their individual legislators, our members were able to attend and provide support for our “State of Senior Care ” presentation to the Senate Ways and Means Committee. Audience members even helped chime in on a question from a senator to confirm the destructive consequences of allowing staffing agencies to strangle our labor market with noncompete clauses and contract buyout requirements.
We were also very happy to team up with the Kansas Adult Care Executives (KACE) association to share our legislative day activities and amplify voices on our common causes of adequate Medicaid funding and staffing agency reform. It was a perfect example of strength through collaboration.
A huge thanks to all of our participants. You really brought home how meaningful and important our days at the legislature can be, and we look forward to seeing you at many more in the future.
If you’d like to view the State of Senior Care presentation, click here.
Involuntary Discharge Appeals in Assisted Living
On Thursday, the House Judiciary Committee held a hearing on HB 2246 which sets up an administrative process for involuntary discharge appeals in assisted living and other state-licensed only settings. The bill does not apply to nursing facility settings. LeadingAge Kansas is strongly opposed to the bill. Our objections to HB 2246 revolve around the consequences of forcing an assisted living to retain a resident for whom they cannot properly care. As further outlined in our testimony, it endangers the resident, possibly endangers staff and other residents at the facility, it will increase costs for all assisted living residents, result in less flexibility and much more selective criteria for those seeking assisted living placement, and a much higher risk of lawsuits.
We also have outlined in our testimony some of the concerns we have regarding the administrative requirements in the bill. A couple of highlights include:
- Holding state agencies to unrealistic timeframes they are unlikely to follow, with no way of enforcing or remedying that situation
- Requiring written approval from the secretary of KDADS prior to an emergency discharge.
Read LeadingAge Kansas testimony and testimony from other hearing participants
Watch the hearing here.
Reducing CNA Training Hours to Federal Standard
On Wednesday, the House Health and Human Services Committee held a hearing on HB 2049 which would reduce the 90 hours of training currently required for CNA certification to the 75 hour minimum set by CMS. LeadingAge Kansas supports HB 2049. While we are not excited about reducing training hours for anyone, we do agree with the philosophy behind the bill – in a world where workers are scarce, the state of Kansas should not be putting up regulatory and licensing barriers that are steeper than they absolutely need to be.
Read LeadingAge Kansas testimony.
Watch the legislative hearing
“No Patient Left Alone” Act and Adult Care Home Visitation
On Tuesday, the House Health and Human Services Committee held a hearing on HB 2264, otherwise known as the “No Patient Left Alone” act. This bill would generally prevent hospitals and adult care homes from limiting visitation by people closest to patient or resident. While we support the aims of the bill, and believe the requirements in the bill line up with current resident rights requirements, we opposed its passage. HB 2264 does not allow our adult care homes to follow CMS requirements if and when they conflict. We requested several amendments to the bill that would allow facilities to do what is needed to remain in federal compliance, receive immunity liability for following the new visitation law, and emphasizes that the patient always has the right to refuse visitation.
Read LeadingAge Kansas testimony
Watch the hearing
Disability License Plates for Adult Care Home Vehicles
After numerous reports from providers who were denied handicap license plates when renewing registrations on vehicles, HB 2267 was introduced to rectify the latest in a long history of government agency nonsense. HB 2267 clarifies that adult care homes frequently provide transportation to people with health conditions and disabilities, and as a matter of common sense and kindness to the people we serve, must be able to obtain handicap license plates for transportation vehicles. LeadingAge Kansas supports HB 2267, but did request an amendment to include PACE organizations.
View LeadingAge Kansas testimony
Watch the hearing
Our Hearings Next Week:
- Monday, Feb 13: KDADS budget hearing in Senate Ways and Means Subcommittee on Human Services
- Thursday, Feb 16:
- KDADS budget hearing in House Social Service Budget Committee
- SB 191 (involuntary discharge appeals in assisted living) hearing in Senate Public Health and Welfare
Bill Tracker
- SB 6 Restricting the authority of the secretary of health and environment and local health officers to prevent the introduction and spread of infectious or contagious diseases. Hearing scheduled 2/13 in Senate Public Health and Welfare
- SB 62 Enacting the protect vulnerable adults from financial exploitation act. Hearing scheduled 2/15 in Senate Financial Institutions and Insurance
- SB 112 Amending the scope of practice for registered nurse anesthetists to allow independent practice. Hearing scheduled 2/16 in Senate Public Health and Welfare
- SB 191 Involuntary discharge appeals in assisted living; allowing residents to stay in facility while appeal is pending. Hearing scheduled 2/16 in Senate Public Health and Welfare
- HB 2023 Creating the crime of interference with the conduct of a hospital
- HB 2049 Changing the length of the nurse aide course required for unlicensed employees in adult care homes to 75 hours
- HB 2246 Involuntary discharge appeals in assisted living; allowing residents to stay in facility while appeal is pending
- HB 2264 Enacting the patient right to visitation act to require patient care facilities to adopt visitation rules to allow certain relatives and other persons, including clergy, to visit terminally ill patients and other patients making major medical decisions
- HB 2265 Regulation of temporary health care staffing agencies
- HB 2267 Allowing adult care homes to apply for disability special license plates
- HB 2345 Enacting the supported decision-making agreements act for adult who want decision-making assistance
- HB 2358 Permitting mid-level practitioners to provide medical certification to attest to an individual’s cause of death to file a death certificate
- HB 2408 Exempting certain services provided in an adult care home from board of cosmetology and barbering oversight
